distributed to or among such of the nominees or persons appearing to be beneficially entitled thereto as aforesaid as the Society think proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid, against the person or persons receiving that sum. (5) If an insured person dies intestate and without having made any nomination then subsisting of any sum payable on death, such sum may be paid or distributed without letters of administration by the Society to or among such persons as appear to the Committee of Management upon such evidence as they may deem satisfactory to be beneficially entitled to receive that sum whether as next of kin or otherwise according to law or as creditors (including therein any person entitled to be paid or repaid the funeral expenses of the deceased person) or may be paid or distributed to or among such of the said persons as the Society think fit and that to the exclusion of all others: Provided that in the case of the illegitimacy of the insured person or of his children, such person as in the opinion of the Society would have been entitled to the sum payable on death if the insured person or his children had been legitimate may, for the purposes of this paragraph, be treated as persons beneficially entitled thereto. (6) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this Part of these Regulations shall be valid. (7) Where any person who is an infant under the age of sixteen years is entitled to receive any sum payable on death in accordance with the provisions of this Part of these Regulations and it is proved to the satisfaction of the Committee of Management of the Society that the sum is needed for the benefit of such infant, the Society may pay the sum or any part thereof to any person who may satisfy the Society that he will apply such money for the benefit of such infant, and the receipt of such person shall be a good discharge to the Society for the amount so paid. (8) A Society making any payment in accordance with this Part of these Regulations shall be discharged from all liability in respect of any sum or sums so paid. 216. Where the sum payable on death exceeds fifty pounds Proof of and probate, confirmation, or other proof of title has not been payment of produced, the Society shall, before making any payment under death duties. this Part of these Regulations, require the production of a duly stamped receipt for the estate, legacy, succession, or other duty which may be payable thereon, or a letter or certificate from the Commissioners of Inland Revenue stating that no such duty is payable. of death. 217.-(1) A Society may, where the sum payable on death Production is less than five pounds and shall in any other case refuse to of certificate pay any sum payable on death where the death is or ought to be entered in any register of deaths except upon the production of a certificate of that death under the hand of the registrar of deaths or other person having care of the register of deaths in which that death is or ought to be entered. Application of Regulations. Meetings not to be held in licensed premises. Welsh Commis sioners may dispense with Regulations in certain cases. Use of Government or of local authorities. (2) This Article shall not apply to deaths at sea nor to a death by colliery explosion or other accident where the body cannot be found or identified, nor to any death certified by a coroner or procurator fiscal to be the subject of a pending inquest or inquiry. PART XVII. MEETING PLACES OF APPROVED SOCIETIES. 218. This Part of these Regulations applies only to Scotland, Ireland and Wales. 219.-(1) No meeting of any Society or branch or any Committee of any Society or branch shall be held in any premises on which the sale by retail of any intoxicating liquor is authorised by licence for consumption on or off the premises, or, in Scotland. and Wales, where any intoxicating liquor is sold or supplied or distributed to members of a club, society or association, or in any part of such premises: Provided nevertheless that the Commissioners may permit any Society or branch or any Committee of such Society or branch to meet in such premises as aforesaid during their tenancy thereof under a lease existing in Scotland on the 14th day of June, 1912, in Ireland on the 19th day of October, 1912, and in Wales on the 27th day of November, 1912. (2) Nothing in this Article shall prevent any such meeting being held in any part of such premises which is ordinarily let for the purpose of chambers or offices or for the holding of public meetings or arbitrations provided that such part of these premises has a separate entrance and has no direct or internal communication with any part of the premises on which any intoxicating liquor is sold, supplied or distributed as aforesaid, and that there are no means of entrance to such part of such premises otherwise than by a street or other public place, that no other suitable premises are available, and that the sanction of the Commissioners is obtained to the use of such premises by the Society, branch, or Committee concerned. 220. The Commissioners may, on the written application of a Society or branch holding its meetings in Wales, and on being satisfied that good ground is shown, suspend the operation of this Part of these Regulations in respect of that Society or branch for such period and on such conditions as the Commissioners may determine. 221. Any offices or other buildings under the control of a buildings of Government Department (including offices or buildings occupied Departments by or in respect of a Labour Exchange) or belonging to or under the management of a local authority may be used, subject to the consent of the Government Department or of the local authority concerned, on such terms as may be agreed upon with regard to payment or otherwise as a place in which meetings of a Society or branch or any Committee of such society or branch may be held. PART XVIII. MISCELLANEOUS. 222. Every rule of a Society with regard to the behaviour Behaviour during disease and disablement of a member entitled to benefit during shall be in the form set out in the Tenth Schedule to these Regulations. sickness. maladministration. 223.-(1) For the purpose of providing against maladministra- Provision tion by Approved Societies and their officers, Section 35, Sec- against tion 55, Sections 84 to 89 and Sections 91 to 94, all inclusive, of the Friendly Societies Act, 1896, (a) shall apply as respects business under the principal Act, as set out and adapted and modified in the Eleventh Schedule to these Regulations, so however that the penalty for offences other than fraud, false declarations, misappropriation or falsification shall not in any case exceed a fine of five pounds. (2) In the said Schedule to these Regulations, unless the context otherwise requires: means the National Insur ance (Health) Acts, 1911 to 1918, and includes any "The Commissioners " means the Insurance Commissioners, ,, "Society means an Approved Society; "Branch" means a branch of a Society for the purposes "Officer "includes any trustee, treasurer, secretary or 224.-(1) The time within which a person who, having been Time for employed within the meaning of the principal Act and insured as becoming voluntary an employed contributor for a period, whether continuous or not, contributor of one hundred and four weeks or upwards, has ceased to be an and relative employed contributor may give notice under paragraph (a) of notice. sub-section (1) of Section 7 of the Act of 1918, that he desires to become a voluntary contributor shall be any time up to and including the date of the expiration of the period during which he remains for all purposes an insured person or the 29th day of September, 1918, whichever is the later. (2) The notice of desire to become a voluntary contributor to be given under paragraph (a) of sub-section (1) of Section 7 of the Act of 1918 shall be in writing and shall be addressed, in the case of a member of a Society without branches to the Society, and in the case of a member of a branch of a Society to the branch, and such notice may be given by post or otherwise. Every person shall furnish such particulars in relation to the notice as the Society or the branch may require. 6979 (a) 59-60 V, c. 25. I 2 Subscriptions and Donations. Persons of unsound mind. Contribu tions to 225. Any subscriptions or donations granted by a Society to hospitals, dispensaries or other charitable institutions, or for the support of district nurses, and any sums expended by a Society on nurses appointed for the purpose of visiting and nursing insured persons, shall be treated as expenditure on sickness benefit. 226. In the case of an insured person who is of unsound mind, where no committee or quasi-committee of his estate has been duly appointed, or where in Scotland his estate is not being administered by any tutor, curator, or other guardian acting or appointed in terms of law, the Committee of Management of the Society or branch of which he is a member, may from time to time, when it is proved to the satisfaction of the Committee of Management that it is just and expedient so to do, appoint any person (other than an officer, servant or agent of such Society or branch) to exercise on behalf of such insured person any right of election which that person is, under the principal Act, entitled to exercise, and to receive on behalf and for the benefit of such person any sums by way of benefit which would otherwise have been payable to him. 227. The following provisions shall have effect with reference to the payment by way of an additional benefit under the principal Superannua- Act, of contributions to a Superannuation Fund in which the members of a Society are interested: - tion Fund. (1) The Fund to which the contributions are paid must- (c) in the case of a Fund managed by an Assurance Com- (2) The benefits to be provided out of the Fund in consideration of contributions paid to the Fund by way of an additional benefit under the principal Act, must be approved by the Joint Committee and not liable to be varied except with the consent of the Joint Committee. (3) The constitution of the Fund must provide for the following matters, that is to say (a) for the investment of moneys belonging to the Fund in any manner in which a Society under or by virtue of sub-section (2) of Section 56 of the principal Act, or paragraphs (a), (b), (c), (d) or (f) of sub-section (1) of Section 44 of the Friendly Societies Act, 1896, has power to invest any sum paid to the Society for investment, but not in any other manner, except that any investment existing at the time when application is made to the Commissioners for the approval of the Fund under this Article which would but for the provisions of this paragraph be an authorised investment, may, with the consent of the Commissioners, be retained, and while so retained shall be deemed to be an authorised investment, notwithstanding anything in this paragraph; and (b) for the payment, in the event of withdrawal of approval (4) The books and accounts of the Fund shall be kept in such form as the Joint Committee may approve, and when the Joint Committee shall so require, but not less often than once in every year, shall be submitted to audit by auditors approved by the Joint Committee. (5) A copy of every statement of accounts and of any report of the auditors thereon, and of every valuation return relating to the Fund by law required to be deposited with the Registrar of Friendly Societies or with the Board of Trade, as the case may be, shall be signed by the same persons as have signed those documents respectively, and shall be sent to the Commissioners at the same time as those documents are so deposited. (6) A valuation of the assets and liabilities of the Fund shall be made once at least in every five years by an actuary approved by the Joint Committee. (7) The Committee of Management or other governing body of the Fund shall, unless the Fund is a fund established by a registered Friendly Society or an Assurance Company, not later than the 31st day of May in every year, send to the CommisIsioners, in such form as the Joint Committee may require, a return of the receipts and expenditure, assets and effects, of the Fund, as up to and on the 31st day of the December immediately preceding, with a copy of any report of the auditors, and within one month after the completion of every valuation an abstract. of the valuation, with a copy of the report of the actuary. (8) The Joint Committee may at any time, for any cause which they deem sufficient, withdraw their approval from the Fund, and thereupon the Fund shall cease to be an approved Fund for the purpose of this Article. 228. (1) During the period referred to in sub-section (1) of Transitional Section 12 of the Act of 1918 (a) the following classes of persons being members of (i) persons who entered insurance before the 1st day (ii) persons who, having paid to the Commissioners provisions. |